QUESTION

Can a HOA limit the number of pets a homeowner has?

Asked on Jul 06th, 2015 on Real Estate - California
More details to this question:
For example. Can the HOA limit a household to 1 dog?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack   The HOA Board's powers are as broad and as limited as provided in the CC&Rs. They are the constitution of your community. If the CC&Rs say no pets, or no cats, or no dogs, or no more than one cat or dog, or no more than some specified number of pounds of dogs, then you, the HOA Board and all the other residents are stuck with that rule. If the CC&Rs are silent, then the HOA Board can adopt any rules it wants, as long as they are fair and reasonable. The new rules apply to everyone, even people who had a dog or other pet before the rules were enacted or changed. So a person with a pet can be required to get rid of it. Service dogs are protected, of course. The CC&Rs have no impact on service animals.  
Answered on Jul 06th, 2015 at 3:51 PM

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